Roberts v. Wilcoxson & Rose
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Contract, waiver of statutory lien. 25 Am. Repts., 289. Mechanic’s lien did not extend to lot No. 32, for want of proof of ownership. Decree vague as to boundaries. The two causes of action might be joined. If not, the error not properly met by demurrer. Gantt’s Digest, secs. 4550, 4552, 4553. Trust deed no waiver, but cumulative security.
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APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Contract, waiver of statutory lien. 25 Am. Repts., 289. Mechanic’s lien did not extend to lot No. 32, for want of proof of ownership. Decree vague as to boundaries. The two causes of action might be joined. If not, the error not properly met by demurrer. Gantt’s Digest, secs. 4550, 4552, 4553. Trust deed no waiver, but cumulative security. Stilhoell v. Bertrand, 22 Ark., 379. It is matter of intention. 82 III., 26. Implied waiver not favored. 25 Ark., 570; 26 ib., 617; 30 ib., 172. That is question of fact, not…
1Opinion of the Court
English, C. J'.
On the thirteenth of August, 1878, Wilcoxson & Rose filed the bill in this case, on the chancery side of the circuit court of Phillips county, against J. P. Roberts and Lula A. Roberts, to enforce a lien for lumber, and foreclose a mortgage on a lot.
There were two Code paragraphs in the bill. In the first, the plaintiffs allege that they are partners and manufacturers of lumber, under the firm name of Wilcoxson & Rose. That defendant, J. P. Roberts, is indebted to them in the sum of $195.49 for lumber and materials, particulars of which are set out in an account'herewith filed,…
2Cases cited4 opinions
- Beard v. DedolphWisconsin Supreme Court · 1871
- Simms v. HerveySupreme Court of Iowa · 1865
- Andrus v. ColemanIllinois Supreme Court · 1876
- Farr v. ShermanMichigan Supreme Court · 1862
3Cited by19 opinions
- Martin v. BeckerCalifornia Supreme Court · 1915
- Branch v. PolkSupreme Court of Arkansas · 1895
- State of Tennessee v. BartonSupreme Court of Arkansas · 1946
- Moore v. DensonSupreme Court of Arkansas · 1924
- Lyle v. LatouretteSupreme Court of Arkansas · 1946
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